A discussion about issues, appellate decisions, and other news of interest to Kansas defenders. This site does NOT necessarily reflect the opinion or position of the Appellate Defender Office or of the Kansas Board of Indigent Defense Services. Nor does this in any way constitute legal advice or is it even warranted to be remotely accurate! It is intended to be a resource for Kansas defenders and others interested in the criminal justice system in Kansas.

Tuesday, May 19, 2009

Captial murder charges dismissed

The State has dismissed capital murder charges against Jason Strand and Kendrick Shears, two Hutchinson Correctional Facility inmates accused of the murder of fellow inmate David Warren. Tim Frieden and Jeff Wicks represented Mr. Shears, and John V. Wachtel and Roger L. Falk represented Mr. Strand. Here is a hutchnews.com article on the dismissal.

At a preliminary hearing in March, the court found that probable cause existed for the capital murder charges against Shears and Strand, but the men had not been arraigned at the time of the dismissal. Reno County District Attorney Keith Schroeder said in a news release, “To proceed to trial, with full knowledge of the overwhelming weaknesses in the credibility of key witnesses, would be reckless, irresponsible and likely result in acquittal."

A third defendant, Charvell Robinson, had also been charged with capital murder in the case, but the court found at the March preliminary hearing that there was no probable cause to believe that Mr. Robinson committed any crime. Marc Manna and Gary W. Owens represented Mr. Robinson.